In a three-page letter to the commission and copied to the mayor's office, Minnella said Engle, who was appointed acting fire marshal six times in the past three years, is qualified and the fire commission broke its own rules, as well as local and state laws, by not hiring him.

Minnella said that if Engle, 42, is not hired for the job by Oct. 1, and "Engle will pursue all available legal remedies."

The commission last week said a candidate has been chosen for the job, but the choice has not been named publicly. Board members said they have decided who they want to hire, but a public vote, as required by Freedom of Information laws, has yet to be held. A vote is planned for Thursday evening.

Engle knows he was not selected because on Aug. 29, the board sent letters to candidates who were not chosen.

Minnella said the town violated local ordinances that state current members of the fire marshal's office and local fire department get preference for open fire marshal jobs. There also is a state law, Sec. 29-297 in the state statutes, which says, "In making such appointment, preference shall be given to a member of the regular or volunteer fire department of such municipality."

Minnella said the town's first posting of the job, released in May, said the applicant must reside within 10 miles of Plymouth and according to state law, "preference shall be given to a member of the regular or volunteer fire department of such municipality."

"Preference shall be given to. fire inspectors of the office first, and second to members of the Terryville Fire Department as per Connecticut General Statutes Chapter 541. In the event no one applies. from the office or fire department, the Board of Fire Commissioners may appoint any person who meets the qualifications of state and local statutes," the job posting read.

After Engle applied, the job was reported with the 10-mile residency requirement removed, Minnella wrote.

Engle is a member of the Terryville Volunteer Fire Department, has worked in the local fire marshal's office for 11 years and has worked as a Torrington firefighter in the city's paid department for 16 years, a decade of which he has been a lieutenant. He is also an instructor at the Wolcott State Fire School and the Connecticut Fire Academy, Minnella wrote.

Minnella also argues Engle was the permanent fire marshal, because of his repeat appointments to the post, and is required a hearing and explanation for his dismissal. He accuses commissioners of conflicts of interest for not recusing themselves from the hiring process.

According to state law acting fire marshals can't be appointed for terms of more than 180 days. Minnella said the board "skirted this law" by allowing Engle's appointment to expire for a day before reappointing him to another 180-day term. It happened six times. "By not appointing Mr. Engle as permanent fire marshal, the Board of Fire Commissioners was trying to circumvent the notice and hearing requirements that are owed to Fire Marshals upon their dismissal," Minnella wrote.

Mayor Vincent Festa Jr. declined to comment.

The fire marshal's position pays $23.88 per hour for 18 hours a week, or $22,351 a year.

If Engle sues the town and fire commission it will be the second time in as many years that the commission has been a target of a lawsuit. Former Fire Marshal Jack Schubert, who was placed on paid leave and investigated for alleged misconduct, which the town did not explain in 2009, sued the town and settled in August 2011, retiring on Sept. 14, 2011 with a $75,000 pay-out and promise he would never work for Plymouth again.

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